On March 16, 2026, President Trump issued an Executive Order titled “Establishing the Task Force to Eliminate Fraud” (the “Order”), which creates an interagency task force to identify, investigate, and recoup losses from federal program fraud.Despite its framing, the Order largely repackages existing enforcement tools and priorities and does not appear to significantly alter current fraud enforcement policies—even so, Federal contractors, grant recipients, and other participants in federally-funded programs should be aware of several aspects of the Order that may affect future fraud actions.
What is the "Task Force"?
The Order establishes a Task Force that is chaired by the Vice President, vice-chaired by the Chairman of the Federal Trade Commission, and features senior leadership from other agencies, including DOJ, Treasury, HHS, DOL, DHS, and others. The Vice President is to select an “Executive Director” of the Task Force, who will “administer and execute the day-to-day operations of the Task Force,” and report to Task Force leadership. The Task Force is charged with coordinating government-wide efforts to detect and eliminate fraud across federal programs.
Increased Reliance on Qui Tam Actions
Order Section 6(a) directs the Attorney General to “promote the meritorious pursuit by private persons of civil actions under 31 U.S.C. 3730 concerning fraud within Federal benefit programs.” This refers to the False Claims Act’s (“FCA”) whistleblower, or qui tam, provision which allows private citizens to bring FCA claims on behalf of the United States. The Administration evidently intends to increase its reliance on qui tam actions (rather than actions brought in the first instance by the United States). It is unclear from the Order, though, how the Administration intends to “promote” such actions.
Faster Intervention Decisions in Qui Tam Actions
Order Section 6(b) directs the Attorney General to “ensure prompt review” of decisions by the government to either intervene and take over qui tam actions or decline to do so (or seek to dismiss), leaving the whistleblower to prosecute the case on his or her own. While the FCA provides a 60-day window for the government to decide whether to intervene, the government often seeks and receives multiple extensions, deferring this key decision point for months or years. It would be a benefit to whistleblowers and defendants alike if the United States intends to make these decisions within the statutory 60-day window.
Expanded Interagency Data Sharing and Use of Third Parties
Finally, the Order emphasizes the importance of data sharing and coordination between federal agencies and with the states to more readily detect fraud risks and patterns, while also directing agencies to use third party contractors to support fraud detection efforts.
These provisions suggest—but do not yet implement—a more coordinated approach to fraud reviews across agencies and programs, potentially altering the landscape of future enforcement actions.
